T-bone car accidents involve one vehicle crashing into the side of another vehicle, forming the letter “T.” These accidents can be particularly traumatic because they may involve higher speeds and may occur on a part of the vehicle that has fewer safety features.
The National Safety Council reports that T-bone or angle accidents cause approximately 7,500 traffic fatalities every year. If you were injured in a T-bone accident and need help proving who is at fault, an experienced car accident lawyer can help.
Possible Parties Who May Be At Fault for a T-Bone Accident
There may be a number of parties who are at fault for a T-bone accident, including:
The Driver Breaking the Law
California law regulates the safe operation of motor vehicles. All drivers are expected to obey traffic laws.
Therefore, the driver who breaks the law and causes the accident may be at fault, such as if they committed the following violations:
- Speeding
- Driving while impaired by drugs or alcohol
- Running a red light or stop sign
- Not reducing their speeds in bad weather or traffic
- Failing to yield the right-of-way
- Violating the California distracted driving law
A thorough investigation may be necessary to determine the actions of both drivers and who may have been breaking the law at the time of the accident.
The Driver Turning Left
Many T-bone accidents occur when one driver turns left into the oncoming path of another vehicle. In these situations, the driver turning left may be at fault for the accident.
California law requires drivers to wait to turn until it is safe to do so. If the driver turned into the path of oncoming traffic, they may be responsible because the other driver might not have had enough time to stop to avoid the collision.
Both Drivers
In some situations, both drivers’ negligence may have contributed to the accident. For example, one driver may have been speeding while the other driver failed to yield the right-of-way. In such situations, California’s pure comparative fault law applies. This law allows an accident victim to seek compensation for the injuries they sustained as long as they are not 100% at fault for the accident. However, their financial recovery is reduced by their percentage of fault.
Not all states have pure comparative negligence laws. Some have modified comparative faults with a 50 or 51% bar. For example, under Illinois’s comparative fault laws, an injured victim can only recover compensation for their car accident claim if they were not 51% or more at fault. If they are 50% or less at fault, their compensation is reduced by their percentage of blame.
In the example above, the speeding driver may have been found 25% at fault while the driver failing to yield the right-of-way may have been found 75% at fault. In both California and Illinois, the speeding driver may still be able to recover compensation, but their recovery would be reduced by 25% since they were responsible for that portion of the fault. However, in Illinois, the driver would no longer be eligible to receive compensation once their level of fault reaches 51%.
Product Manufacturer
In some situations, a manufacturer may have made defective auto parts that failed, such as tires or brakes. If an accident occurs that was caused by such defects, the manufacturer may be responsible for the resulting harm.
Employer
Some car accidents may occur when an employee is working. Employers are generally responsible for the ordinary negligence of their employees while they are working within the course and scope of their employment.
Proving Fault in aT-Bone Accident
M is an at-fault state in regards to car accident claims. The driver found at fault for the accident is generally responsible for compensating the victim for the harm they caused, usually through an insurance claim with their insurance provider.
Car accident victims may need the following evidence to prove their case:
- Accident reports
- Witness statements
- Physical evidence, such as skid marks or tire tread
- Photos or videos of the accident scene
- Data stored electronically in the vehicle
- Cell phone records that indicate distraction may have been a contributing factor
If you need help establishing fault for a T-bone accident or proving how it has impacted you, reach out to an experienced Bakersfield car accident attorney.
